Basic Education Act

Section 1. Short title Section This Act may be cited as the Basic Education Act.

Section 2. Interpretation Section any institution or assembly for which a Cabinet Secretary other than the Cabinet Secretary responsible for matters relating to basic education and training, is responsible;

Section 3. Application Section This Act shall apply to all institutions of basic education under this Act.

Section 4. Guiding principles Section the right of every child to free and compulsory basic education;

Section 5. Establishment and functions of the Board Section 5(1) There is established a Board to be known as the National Education Board. Section 5(2)(a) collaboration with the Quality Assurance and Standards Council, Teachers Service Commission and with other stakeholders to promote standards in basic education and training; Section 5(2)(b) working with all relevant authorities and agencies to ensure that all the barriers to the right to quality education are removed and that the National and County governments facilitate the realization of the right to education by all Kenyans; Section 5(2)(c) the initiation of guidelines for approval by the Cabinet Secretary on the establishment of basic education institutions; Section 5(2)(d) putting measures in place to ensure all children attend and remain in school to complete basic education requirements; Section 5(2)(e) putting measures to ensure, where applicable, transition to the next level of education, especially for the vulnerable and marginalized children; Section 5(2)(f) any other matter as shall be from time to time be referred to the Board by the Cabinet Secretary. Section 5(3) The National Education Board shall generate and cau...

Section 6. Conduct of business and affairs of the Board Section 6(1) The conduct and regulation of the business and affairs of the Board shall be as provided in the First Schedule Section 6(2) Except as provided under the First Schedule, the Board may regulate its own procedure.

Section 7. Composition of the Board Section 7(1) The Board shall consist of a Chairperson and eight other members appointed by the Cabinet Secretary in accordance with the provisions of this Act. Section 7(2) The Chairperson shall serve for a term of four years and shall be eligible for reappointment for one further term of four years. Section 7(3) The members shall serve for a term of three years and shall be eligible for re-appointment for one further term of three years.

Section 8. Qualifications for appointment as Chairperson or member of the Board. Section 8(1)(a) holds a degree in education from a university recognized in Kenya; Section 8(1)(b) has knowledge and at least fifteen years' experience in matters relating to education; Section 8(1)(c) has had a distinguished career in their respective fields; and Section 8(1)(d) meets the requirements of Chapter Six of the Constitution. Section 8(2)(a) holds a degree from a recognized university; Section 8(2)(b) education; Section 8(2)(b)(i) education; Section 8(2)(b)(ii) management; Section 8(2)(b)(iii) finance; Section 8(2)(b)(iv) governance; Section 8(2)(b)(v) human rights; Section 8(2)(b)(vi) public administration; Section 8(2)(b)(vii) law; Section 8(2)(b)(viii) economics; and Section 8(2)(b)(ix) meets the requirements of Chapter Six of the Constitution. Section 8(2)(c) has had a distinguished career in their respective fields; and Section 8(2)(d) meets the requirements of Chapter Six of the Constitution.

Section 9. Disqualifications from appointnment Section is a member of Parliament or a county assembly;

Section 10. Appointment and term of Chairperson and members. Section 10(1) Upon commencement of this Act or whenever there is a vacancy in the Board, the Cabinet Secretary shall, within fourteen days of the occurrence of the vacancy, appoint a Selection Panel for the purpose of selecting suitable candidates for appointment as the Chairperson or member of the Board. Section 10(2)(a) two persons to represent registered School Heads Association; Section 10(2)(b) a representative of the Cabinet Secretary responsible for matters relating to education who shall be the Secretary to the Selection Panel; Section 10(2)(c) one person to represent the Public Service Commission; Section 10(2)(d) one person to represent the National Council for Persons with Disabilities; Section 10(2)(e) a joint forum of the National Council of Churches of Kenya and the Evangelical Fellowship of Kenya; Section 10(2)(e)(i) a joint forum of the National Council of Churches of Kenya and the Evangelical Fellowship of Kenya; Section 10(2)(e)(ii) the Kenya Conference of Catholic Bishops ; and Section 10(2)(e)(iii) the Muslims Education Council. Section 10(2)(f) one person to represent the Kenya Private Sector Alliance...

Section 11. Vacation of and removal from office Section 11(1)(a) dies; Section 11(1)(b) resigns from office, by a notice in writing addressed to the Cabinet Secretary; Section 11(1)(c) is absent from three consecutive meetings of the Board without good cause; or Section 11(1)(d) is removed from office in accordance with subsection (2). Section 11(2)(a) contravention of Chapter Six of the Constitution; Section 11(2)(b) serious violation of this Act or any other law; Section 11(2)(c) gross misconduct, whether in the performance of the Chairperson's, member's or office holder's functions or otherwise; Section 11(2)(d) physical or mental incapacity to perform the functions of office; Section 11(2)(e) incompetence; or Section 11(2)(f) if adjudged bankrupt

Section 12. Staff of the Board Section The Cabinet Secretary may in consultation with the Board and upon such terms and conditions as may be prescribed, second such officers, agents and other staff as may be necessary for the efficient discharge of the functions of the Board under this Act.

Section 13. Experts and Consultants Section The Board may engage consultants and experts as it considers appropriate, to assist in the discharge of its functions under this Act.

Section 14. Remuneration of the Board Section The Chairperson and members of the Board shall be paid such remuneration, fees, allowances and disbursements for expenses as may be approved by the Cabinet Secretary in consultation with the Salaries and Remuneration Commission.

Section 15. Reporting Section 15(1) The National Education Board shall submit an annual report to the Cabinet Secretary. Section 15(2) Notwithstanding subsection (1), the Cabinet Secretary may, at any time, require a report from the National Education Board on a particular matter.

Section 16. Secretary to the Board. Section 16(1) The Board shall, through an open, transparent and competitive recruitment process, recommend for appointment by the Cabinet Secretary a suitably qualified person to be the Secretary to the Board. Section 16(2)(a) holds a minimum of a first degree in education or related discipline; Section 16(2)(b) has had at least ten years' proven experience in leadership at senior management level; Section 16(2)(c) has experience in finance, management and public administration; and Section 16(2)(d) satisfies the requirements of Chapter Six of the Constitution. Section 16(3)(a) be appointed by the Cabinet Secretary; Section 16(3)(b) be an ex officio member of the Board with no right to vote; Section 16(3)(c) be the secretary to the Board; Section 16(3)(d) subject to the directions of the Board, be responsible for the day to day management of the affairs of the Board; and Section 16(3)(e) perform such other functions as the Board may from time to time, determine. Section 16(4) The Secretary shall serve on such terms and conditions as the Cabinet Secretary may determine upon the advice of the Salaries and Remuneration Commission.

Section 17. County Education Board Section 17(1) There is established a County Education Board for every county. Section 17(2) The County Education Board established under subsection (1) shall be an agent of the National Education Board.

Section 18. Functions of the County Education Boards Section 18(1)(a) oversee in consultation with the county government, the operation and management of youth polytechnics, early childhood education including early childhood care and education programmes in the county; Section 18(1)(b) coordinate and monitor education and training in the County on behalf of the national government and the county government; Section 18(1)(c) interpret national policies in education based on the county's needs; Section 18(1)(d) initiate proposals for policy reforms; Section 18(1)(e) plan, promote, develop, and coordinate education, training and research in the county in accordance with the provisions of this Act, the national education policy and the laws and policies of the county government; Section 18(1)(f) collaborate with the Board of Management, the Principal, the HeadTeacher, and other appropriate authorities in the management of basic schools; Section 18(1)(g) register and maintain a data bank of all education and training institutions within the county; Section 18(1)(h) monitor curriculum implementation in basic education in the county; Section 18(1)(i) monitor the conduct of examinations a...

Section 19. Consultation with National Education Board Section 19(1) In carrying out its functions, the County Education Board shall work in consultation and co-operation with the National Education Board. Section 19(2) Notwithstanding the provisions of subsection (1), the Cabinet Secretary in consultation with the National Education Board shall make regulations prescribing the coordination between the National Education Board and the County Education Boards.

Section 20. Composition of the County Eduation Boards Section 20(1)(a) an educationist of at least five years' standing, based in the county; Section 20(1)(b) the County Director of Education or his or her representative who shall be the Secretary to the County Education Board; Section 20(1)(c) a representative of the county executive in charge of education; Section 20(1)(d) a representative of the Teachers Service Commission Section 20(1)(e) jointly, the National Council of Churches of Kenya and the Evangelical Fellowship of Kenya; Section 20(1)(e)(i) jointly, the National Council of Churches of Kenya and the Evangelical Fellowship of Kenya; Section 20(1)(e)(ii) the Kenya Episcopal Conference; and Section 20(1)(e)(iii) the Muslims Education Council; Section 20(1)(f) a representative of the association of private schools; Section 20(1)(g) two representatives of a trade union representing the interest of teachers; Section 20(1)(h) two representatives of parents teachers association; and Section 20(1)(i) a representative of persons with disability; Section 20(1)(j) the Primary School HeadTeachers' Association; and Section 20(1)(j)(i) the Primary School HeadTeachers' Association; and...

Section 21. Conduct of business and affairs of the County Education Boards. Section 21(1) The conduct and regulation of the business and affairs of the County Education Boards shall be as provided in the Second Schedule. Section 21(2) Except as provided in the Second Schedule, the County Education Boards may regulate its own procedure.

Section 22. Tenure Section 22(1) The Chairperson shall serve for a term of four years renewable once. Section 22(2) The members shall serve for a renewable term of three years. Provided that the Cabinet Secretary shall by regulation, provide for the, staggering of the terms of the inaugural Board members.

Section 23. Remuneration of the County Education Boards Section The members of the County Education Boards shall be paid such allowances and disbursements for expenses as may be approved by the Cabinet Secretary in consultation with the Salaries and Remuneration Commission.

Section 24. Co-option. Section The County Education Boards may from time to time co-opt into its membership such persons not being more than three as it is satisfied possess skills and experience to assist in the discharge of the functions of the County Education Board.

Section 25. Committees of the County Education Board Section 25(1) A County Education Board may establish such committees as may be appropriate to perform such functions and discharge such responsibilities as it may determine. Section 25(2)(a) finance, audit and human resources; Section 25(2)(b) basic education; Section 25(2)(c) special needs education; Section 25(2)(d) early childhood care and education; Section 25(2)(e) vocational institutions and youth polytechnics; Section 25(2)(f) standards and quality assurance; Section 25(2)(g) assessment and examinations; Section 25(2)(h) dispute resolution; and Section 25(2)(i) human rights and gender. Section 25(3) The County Education Board shall appoint the Chairperson of a committee established under subparagraph (1) from among its members. Section 25(4) The County Education Board may where it deems appropriate, co-opt any person to attend the deliberations of any of its committees. Section 25(5) All decisions of the committees appointed under subsection (1) may be reviewed by the County Education Board.

Section 26. Roles of County Government Section 26(1) The roles of the county government shall include the provision of funds required for the development of the necessary infrastructure for institutions of basic education and training used for conducting early childhood education, childcare facilities, homecraft centres and village polytechnics. Section 26(2) Pursuant to Article 187 of the Constitution, the national government may, upon request and with agreement between both governments, transfer its functions relating to infrastructure development of primary schools and secondary schools to a county government. Section 26(3) Where the national government transfers its functions to a county government under subsection (2), it may also allocate conditional grants to that county government to cater for the additional responsibilities arising from the transfer. [Act No. 3 of 2021 , s. 70.]

Section 27. Role of Sponsor Section to participate and make recommendations of review of syllabus, curriculum, books and other teaching aids;

Section 28. Right of child to free and compulsory Section 28(1) The Cabinet Secretary shall implement the right of every child to free and compulsory basic education. Section 28(2)(a) early childhood, primary and secondary schools, mobile schools, and adult and continuing education centers, within a reasonably accessible distance within a county; Section 28(2)(b) appropriate boarding primary schools in arid and semi-arid areas, hard-to-reach and vulnerable groups as appropriate; and Section 28(2)(c) academic centres, or relevant educational institutions to cater for gifted and talented learners; Section 28(2)(d) special and integrated schools for learners with disability.

Section 29. Free Tuition Section 29(1) No public school shall charge or cause any parent or, guardian to pay tuition fees for or on behalf of any pupil in the school. Section 29(2)(a) tuition fees may be payable by persons who are not Kenyan citizens; Section 29(2)(b) other charges may be imposed at a public school with the approval of the Cabinet Secretary in consultation with the county education Board provided that no child shall be refused to attend school because of failure to pay such charges; Section 29(2)(c) no person shall collect levies without issuing an official receipt.

Section 30. Compulsory primary and secondary education Section 30(1)(a) Kenyan; or Section 30(1)(b) resides in Kenya Section 30(2) A parent who fails to take his or her child to school as required under subsection (1) commits an offence. Section 30(3) A person who contravenes this section shall be liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding one year, or both. Section 30(4) Subsection (2) shall not apply to a parent or guardian who presents within a reasonable time a reason to the satisfaction of the County Director of Education for the absence of his or her child at a school or institutions of basic education.

Section 31. Duty of parents and guardian Section 31(1) It shall be the responsibility of every parent or guardian to present for admission or cause to be admitted his or her child, as the case may be, to a basic education institution. Section 31(2) Where a parent or guardian defaults in the discharge of his or her responsibility under subsection (1), such a parent or guardian shall be deemed to have committed an offence and is liable to fine not exceeding one hundred thousand or to a period not exceeding two years or to both. Section 31(3) A parent or guardian shall have the right to participate in the character development of his or her child.

Section 32. No payment of fee for admission Section No person shall while admitting a child to a public school or a basic education institution collect any admission fee.

Section 33. Proof of age for admission Section 33(1) For the purpose of admission to a basic education institution, the age of a child shall be determined on the basis of the birth certificate issued in accordance with the provisions of the Births, Deaths Registration Act ( Cap. 149 ) or at the attainment of the school going age of four years on the basis of such other document, as may be prescribed under regulations. Section 33(2) No child shall be denied admission in a school or basic education institution for lack of proof of age.

Section 34. No denial of admission Section 34(1) A child shall be admitted in a school at the commencement of the academic year or within such extended period as may be prescribed. Section 34(2) A school or person responsible for admission shall not discriminate against any child seeking admission on any ground, including ethnicity, gender, sex, religion, race, colour or social origin, age, disability, language or culture. Section 34(3) The provisions of subsection (2) shall not apply in matters relating to gender in cases where a school is registered for a particular gender. Section 34(4) No public school shall administer any test related to admission of a child to a public school or cause a person to administer such test unless such a test is for purposes of placing the child at an appropriate level of education. Section 34(5) No child shall be denied admission to a public school. Section 34(6) A parent of a child who has been denied admission to a public school may notify the County Education Board of the decision. Section 34(7) The County Education Board shall review the decision of a school that denies a child admission. Section 34(8) The Cabinet Secretary may by regulation pr...

Section 35. Incentives and prohibition of holding back and expulsion. Section 35(1) Pupils shall be given appropriate incentives to learn and complete basic education. Section 35(2) No pupil admitted in a school, subject to subsection (3) shall be held back in any class or expelled from school. Section 35(3) Subject to subsection (1) the Cabinet Secretary may make regulations to prescribe expulsion or the discipline of a delinquent pupil for whom all other corrective measures have been exhausted and only after such child and parent or guardian have been afforded an opportunity of being heard: Provided that such a pupil shall be admitted to an institution that focuses on correction in the context of education.

Section 36. Prohibition against physical punishment and mental harassment to the child. Section 36(1) No pupil shall be subjected to torture and cruel, inhuman or degrading treatment or punishment, in any manner, whether physical or psychological. Section 36(2) A person who contravenes the provisions of subsection (1) commits an offence and shall be liable on conviction to a fme not exceeding one hundred thousand shillings or to imprisonment not exceeding six months or both.

Section 37. Holiday Tuition Section 37(1) No pupil shall be subjected to holiday tuition. Section 37(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a period not exceeding one year or to both.

Section 38. Prohibition against employment of a child of compulsory school age. Section 38(1) No person shall employ a child of compulsory school age in any labour or occupation that prevents such child from attending school. Section 38(2) Any person who employs or prevents a child who is subject to compulsory attendance from attending school is guilty of an offence and is liable to fme not exceeding five million or to a period not exceeding five years or to both.

Section 39. Responsibility of the Government Section provide free and compulsory basic education to every child;

Section 40. Duty of a principal or headteacher Section 40(1) Where a pupil fails to attend school, the HeadTeacher shall cause investigation of the circumstances of the child's absence from school; Section 40(2)(a) issue a written notice to the parent of the child requiring that parent to comply with the provisions of this Act. Section 40(2)(b) submit a report on the child to the County Education Board. Section 40(2)(c) submit a report on the child to the County Education Board. Section 40(3) Any parent who without a reasonable cause and after a written notice from the headteacher, fails to comply with section 38 of this Act, commits an offence and is liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a period not exceeding two years or to both.

Section 64. Establishment of the Education Standards and Quality Assurance Council. Section 64(1) There shall be established an Education Standards and Quality Assurance Council. Section 64(2)(a) ensure standards and maintain quality in institutions of basic education; Section 64(2)(b) administer policies and guidelines set for basic education; Section 64(2)(c) supervise and oversee curriculum implementation and delivery; Section 64(2)(d) in cooperation with county education, monitor the conduct of assessments and examinations in institutions of basic education; Section 64(2)(e) monitor and evaluate standards and quality in basic education. Section 64(3) The Cabinet Secretary shall by regulations prescribe the composition, appointment and terms of service of the members of Education Standards and Quality Assurance Council in accordance with the Constitution and this Act

Section 65. Composition and staff at Education Standards and Quality Assurance Council. Section 65(1) The Council shall appoint quality assurance and standards officers for the purposes of this Act. Section 65(2)(a) the relationship between the Cabinet Secretary and the Director-General; Section 65(2)(b) the composition of Education Standards and Quality Assurance Council; Section 65(2)(c) functions of key officers of Education Standards and Quality Assurance Council; Section 65(2)(d) qualifications of members and key staff; Section 65(2)(e) the relative autonomy of Education Standards and Quality Assurance Council; and Section 65(2)(f) the retention by the Cabinet Secretary of policy making and oversight.

Section 66. Powers of the Quality Assurance and Standards Officers. Section 66(1) The Quality and Assurance officers shall facilitate compliance with standards by promoting a collegial and collective approach to quality assurance. Section 66(2) Education Standards and Quality Assurance Council and Quality Assurance Officers shall provide appropriate incentives for voluntary compliance with the standards and quality assurance in basic education. Section 66(3)(a) at any time enter any basic education and training institution with or without notice to ensure compliance with education standards and regulations Section 66(3)(b) to produce for his or her quality review any time table syllabus, or record book, material or document; Section 66(3)(b)(i) to produce for his or her quality review any time table syllabus, or record book, material or document; Section 66(3)(b)(ii) to furnish the Quality Assurance and Standards Officer with such information relating to the teaching or the management of the basic education institution; Section 66(3)(c) require by order in writing, the attendance before him or her any person who appears to be acquainted with the facts or circumstances of the case....

Section 67. Cabinet Secretary and promoters to be responsible for maintenance of standards. Section The Cabinet Secretary, the Teachers Service Commission, the Standards and Quality Assurance Council, the National Education Board, the national quality assurance bodies, and the County Education Boards shall ensure the maintenance of standards, quality and relevance of education and training as provided for under this Act or any other written law.

Section 68. National Qualifications Framework Section 68(1)(a) set the standards and benchmarks for qualifications and competencies including skills, knowledge, attitudes and values; Section 68(1)(b) define the levels of qualifications and competencies; Section 68(1)(c) provide for the recognition of attainment or competencies including skills, knowledge, attitudes and values; and Section 68(1)(d) facilitate linkages, credit transfers and exemptions and a vertical and horizontal mobility at all levels to enable entry, re-entry and exit. Section 68(2) The Principal Secretary shall oversee the administration and implementation of the National Qualifications Framework with regard to basic education under this Act or any other written law.

Section 69. Review of standards, quality and relevance Section The Cabinet Secretary shall in consultation with the relevant departments or agencies and stakeholders through regulations and appropriate measures continuously review, evaluate and monitor policies on standards and relevance in education and training to assure and ensure standards, quality and relevance.

Section 70. National and international standards and quality assurance. Section develop or adapt appropriate national and international standards;

Section 71. Standards, quality and relevance in education Section ensure compliance with quality and relevance in the provision and delivery of education;

Section 72. Guidelines on standards, quality an relevance. Section The Cabinet Secretary shall, in consultation with the relevant stakeholders, make Regulations on standards, quality and relevance in education in Kenya.

Section 73. Policy and guidelines on curricula. Section 73(1) To ensure standards, quality and relevance in curriculum development, the Cabinet Secretary shall, upon advice of the National Education Board, continuously develop, review, evaluate and monitor the curriculum: Provided that the curriculum shall be reviewed every five years. Section 73(2) Basic education institutions may, in consultation with the national quality assurance bodies, curriculum development agency and industry, initiate the review of policy on curriculum in their respective areas. Section 73(3) The policy and guidelines on curricula developed under this section shall secure the competencies and learning outcomes for the relevant structures and levels under the National Qualifications Framework. Section 73(4) The Cabinet Secretary shall, in consultation with the relevant stakeholders make appropriate regulations to implement the provisions of this section.